1. United States
2. Utah
3. Letter

Dear [Senator/Representative Name], I write as a constituent and as someone who expects Congress to enforce the law and protect workers who serve the public. Federal employees who have been furloughed through this lapse in appropriations must receive immediate, full retroactive pay when appropriations are enacted. That outcome is not discretionary or a matter of administrative kindness — it is required by statute. In 2019 Congress enacted the Government Employee Fair Treatment Act of 2019 (Public Law No. 116-1), which amended the Antideficiency Act to provide that federal employees affected by a lapse in appropriations are to receive retroactive pay and leave accruals for the period of the lapse. The statute applies to any lapse in appropriations beginning on or after December 22, 2018, and was signed into law on January 16, 2019. Agency guidance implementing the statute — including Office of Personnel Management guidance and agency compensation memoranda — has long stated that furloughed and excepted employees are to be paid retroactively “as soon as possible after the lapse ends,” and that retroactive pay is an authorization in law rather than a contingent, post-hoc appropriation. Attempts to rely on post-hoc administrative reinterpretations — for example, memos suggesting agencies may selectively withhold retroactive pay or that Congress must take additional action beyond enacting appropriations — are contrary to the plain text and purpose of the 2019 law. Agencies cannot unilaterally negate or narrow a statute; if the law authorizes retroactive pay upon enactment of appropriations, administrative actors lack authority to transform that statutory authorization into a contingent or selective benefit. Recent reporting and legal commentary confirm that the statute’s language and implementing guidance support automatic retroactive pay upon the end of a lapse. Therefore I demand that you: 1. Publicly affirm Congress’s intent and the clear statutory requirement that furloughed and excepted employees receive full retroactive pay and leave accruals once appropriations are enacted (Public Law No. 116-1). 2. Hold hearings or seek GAO/OPM clarity if the administration persists in asserting that the statute does not guarantee retroactive pay. 3. Ensure any appropriations or continuing resolution language explicitly respects and implements the 2019 law so no employee is left without the pay Congress mandated. Federal employees and their families should not be used as leverage in political disputes or left to fend for themselves because of a novel administrative re-reading. I expect you to act swiftly and unequivocally to secure the back pay required by law.