Cathy Vu, from Annandale, Va., packs up her truck on Constitution Avenue across the street from the National Archives, behind left, and Federal Trade Commission (FTC) behind right, Friday, Oct. 4, 2013, in Washington. Vu said today is the only day this week she has come out with the truck, and that business has been bad, since the federal government shutdown started Tuesday. (AP Photo/Alex Brandon)
Updated: October 5, 2013 1:57PM
WASHINGTON — The Pentagon is ordering most of its approximately 400,000 furloughed civilian employees back to work.
The decision announced Saturday by Defense Secretary Chuck Hagel is based on a Pentagon legal interpretation of a law called the Pay Our Military Act. That measure was passed by Congress and signed by President Barack Obama shortly before the partial government shutdown began Tuesday.
In a written statement explaining his action, Hagel said the Department of Justice advised that the law does not permit a blanket recall of all Pentagon civilians.
But government attorneys concluded that the law does allow the Pentagon to eliminate furloughs for “employees whose responsibilities contribute to the morale, well-being, capabilities and readiness of service members.’
Hagel said he has told Pentagon officials, including leaders of the military services, to “identify all employees whose activities fall under these categories.” He said civilian workers should stand by for further word this weekend.
Hagel had made clear earlier in the past week that Pentagon lawyers were trying to determine ways for some of the Defense Department’s 400,000 furloughed civilians to get back to work.
He told reporters traveling with him Tuesday in South Korea, “It does have an effect on our relationships around the world and it cuts straight to the obvious question: Can you rely on the United States as a reliable partner to fulfill its commitments to its allies?”
The Pentagon did not immediately say on Saturday exactly how many workers will return to work. The Defense Department said “most” were being brought back.
The law ensured that members of the military, who have remained at work throughout the shutdown, would be paid on time. It also left room for the Pentagon to keep on the job those civilians who provide support to the military.