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Furloughed Feds Deserve Guns, Not Extra Pay, Lawmakers Say

Congress looks to set priorities for federal employees who won't be working in the event of another shutdown.

Federal workers sent home during a government shutdown do not deserve extra compensation, according to some lawmakers, but those in law enforcement should keep their firearms.

Rep. Kevin Brady, R-Texas, introduced a bill last week to ensure federal employees furloughed due to an appropriations lapse do not receive unemployment compensation if Congress awards back pay. Feds furloughed during a shutdown are not guaranteed retroactive pay, though Congress has typically awarded it.

During the 2013 shutdown, feds across the country -- including 42,000 in Washington, D.C.; Maryland; and Virginia alone -- applied for unemployment to make up for their missing paychecks. Most states required those who received the compensation -- which varies by state, but generally maxes out at about $300 to $500 per week -- to pay the benefit back once Congress awarded retroactive pay, though some states initially allowed the employees to keep their payments.

Some Republican lawmakers, including Brady, were angry that the policy allowed some feds, such as those in Oregon, to effectively receive “time and a half for not working” and wrote a letter to the Office of Management and Budget to voice their dismay. The Labor Department later issued guidance to all states advising them to claw back all unemployment compensation sent to any of the 900,000 federal workers furloughed during the two-week shutdown.

“Because Congress provided for full retroactive pay for furloughed federal employees and the Office of Personnel Management classified all furloughed federal employees as having been in pay status throughout the shutdown,” Labor wrote, “the department believes that these employees were not ‘unemployed’ and are thus ineligible for unemployment benefits.”

While Brady is looking to codify that decision, lawmakers in both parties are seeking to ensure federal law enforcement officers are able to use their government-issued firearms while on furlough.

Earlier this month, Rep. Doug Collins, R-Ga., and Sen. Pat Toomey, R-Pa., introduced the Federal Law Enforcement Self-Defense and Protection Act, noting from 2008 through 2012, more than 10,000 federal law enforcement officers were assaulted. Twenty-seven officers were killed while off duty in the last three years, the lawmakers said.

“Criminals don’t care if federal officers are furloughed,” Collins said. “They don’t stop when the clock does. So federal law enforcement officers should be able to carry their firearms in contingency situations.”

The Federal Law Enforcement Officers Association called the bill “critically important” to prevent the “unjustified disarming of federal law enforcement officers during a government shutdown.”

"It's unacceptable for any agency director to compromise the safety of their law enforcement officers over some misguided notion of liability," said FLEOA President Jon Adler. "The safety of all law enforcement officers should always be a top priority, and not a disposable item due to a government shutdown.”

The measure would also allow an officer permitted to carry a concealed weapon to do so while furloughed.

“In the event of a furlough due to lack of funds,” said Rep. Bill Pascrell, D-N.J., “[the officers’] federal carry permits should be as effective as if there had been no lapse at all.”

Federal employees could face furloughs later this year, with appropriations set to expire when the fiscal year ends on Sept. 30. While Congress has months to pass the slew of requisite spending bills, Republicans remain far apart from the White House on funding levels and President Obama has threatened to veto all of the fiscal 2016 measures the House has voted on to date. 

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