Top Appropriators: Trump Administration’s “Deferred Resignation” Scheme is Deceptive, Legally Questionable & Puts Vital Taxpayer Services At Risk

WASHINGTON, DC —Today, in an effort to protect taxpayers and federal workers and uphold the law,U.S. Senator Patty Murray (D-WA), Vice Chair of the Senate Appropriations Committee, andU.S. Representative Rosa DeLauro (D-CT), the House Appropriations Committee Ranking Member, along withU.S. Senator Jack Reed (D-RI)andU.S. Representative Steny Hoyer (D-MD), the Ranking Members of both the Senate and House Financial Services and General Government Subcommittees, sent aletterto the U.S. Office of Personnel Management (OPM) pointing out that the Trump Administration’s so-called buyout program is“deceptive,”“legally dubious,”would“undermine”a host of vital government services people rely on, and“should be rescinded immediately.”
“Federal workers take an oath to defend the Constitution and to work on behalf of the American people. OPM’s legally dubious and intentionally misleading offer is a disservice to these dedicated men and women, and it should be retracted immediately,”the four lawmakers wrote to the acting head of OPM.
The Trump Administration’s proposal, which gave federal workers just a few days to consider the offer before a February 6 deadline to accept the terms alleging to pay them through September of 2025, incurs a multi-billion dollar cost on behalf of the federal government that has not been authorized or appropriated by Congress. If implemented, it would negatively impact taxpayers, who would be paying workers not to provide the public with critical services.
“If federal workers are enticed or coerced to accept this ‘offer,’ the services that average Americans rely on will be undermined,”the lawmakers wrote.“Federal employees inspect nursing homes to give families and caregivers peace of mind.  They stem the supply of fentanyl and illegal contraband at our nation’s ports of entry.  They approve patent applications to bolster American innovation.  They ensure that seniors can access Social Security benefits that they have worked their entire lives to earn, and they work to provide health care service to our nation’s veterans.”
The appropriators asked a series of specific questions about OPM’s compliance with the Privacy Act, OPM’s legal authority to extend this offer, and whether paying people not to work through September 30 violates the Anti-Deficiency Act, a law that prevents the federal government from promising or spending money in excess of what Congress has made available. Congress has funded the government only through mid-March, not through the end of the fiscal year, which runs through September.
Specifically, the letter asks OPM:
Full text of the letter is availableHEREand below:
February 5, 2025
Mr. Charles Ezell
Acting Director
U.S. Office of Personnel Management
1900 E St NW
Washington, DC 20415
Dear Mr. Ezell,
On January 28, 2025, the U.S. Office of Personnel Management (OPM) sent a so-called “Fork in the Road” email to more than two million federal employees offering the opportunity to take “deferred resignation” by February 6, 2025.[1]  Additional documents published by the agency, including a “Frequently Asked Questions” webpage that is updated on an almost daily basis, as well as further communications regarding collective bargaining agreements, have caused confusion and concern among the federal workforce.  There is at best, questionable legal authority for the Administration to offer this type of program to federal workers, and it is not contemplated in appropriations law.  It should be rescinded immediately.
OPM’s deceptive “offer” has been orchestrated by Elon Musk, a billionaire with significant business interests with the federal government who has used his influence to force out federal officials – including the former FAA Administrator – who have worked to ensure that his companies follow the law.
If federal workers are enticed or coerced to accept this “offer”, the services that average Americans rely on will be undermined.  Federal employees inspect nursing homes to give families and caregivers peace of mind.  They stem the supply of fentanyl and illegal contraband at our nation’s ports of entry.  They approve patent applications to bolster American innovation.  They ensure that seniors can access Social Security benefits that they have worked their entire lives to earn, and they work to provide health care service to our nation’s veterans.

All of these services and more are at risk.  In light of OPM’s recent communications to federal employees, we write to request answers no later than February 7th to the following questions:
Federal workers take an oath to defend the Constitution and to work on behalf of the American people. OPM’s legally dubious and intentionally misleading offer is a disservice to these dedicated men and women, and it should be retracted immediately.    Pending that, we ask for a response to these questions by Friday, February 7, 2025.

Sincerely,