The development comes as President Donald Trump and Republican leadership in the House and Senate seek to increase pressure on Democrats to pass a “clean” continuing resolution to reopen the government. If the White House acts on OMB’s recommendation, the Trump administration will say Democrats are to blame for as many as 750,000 federal workers being denied retroactive pay due to accusations that the opposition triggered the move by thwarting the CR’s passage.

The memo from OMB Director Russell Vought’s office argues that an amendment made to the Government Employee Fair Treatment Act nine days after the law’s signing changes the interpretation of the back pay protections for furloughed workers, according to Axios. Rather than workers automatically getting back pay under GEFTA, Congress would have to get involved in funding retroactive salaries, under OMB’s interpretation of the law. 

The amendment in question inserted language specifying that furloughed employees be compensated “subject to the enactment of appropriations Acts ending the lapse.” The memo argued that this means Congress needs to appropriate money for affected federal workers specifically. 

The Trump administration’s possible reinterpretation of GEFTA wouldn’t affect all federal workers. 

Essential workers, or non-furloughed government employees required to report to work without compensation during the government shutdown, would still receive back pay. 

VOUGHT CUTS $18 BILLION IN NEW YORK INFRASTRUCTURE FUNDING OVER DEI CONCERNS

The shutdown was triggered on Oct. 1 after Democrats refused to support a government spending bill that didn’t contain provisions extending Obamacare subsidies. 

As the stalemate continues, government workers hope it will be resolved by Oct. 15, the day active-duty military members may miss their first check. Most federal workers will miss their first paycheck on Oct. 10 if the shutdown isn’t resolved.