Federal Watchdog: ATF Illegally Overpaid Millions to Agents

The U.S. Office of Special Counsel (OSC) alleged Tuesday the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) illegally overpaid millions to agents in non-law enforcement roles.

OSC’s observations are based on the study of the time-frame 2016-2021.

ATF for years unlawfully paid agents millions of dollars in wrongful benefits by providing law enforcement pay to agents filling non-law-enforcement positions. Over a five-year period, the cost was upwards of $20 million. https://t.co/5jD8mzeaC4

— OfficeSpecialCounsel (@US_OSC) May 2, 2023

CNBC noted that the OSC found that more than 100 ATF agents working non-law enforcement roles “were improperly provided Law Enforcement Availability Pay (LEAP) and enhanced retirement benefits.”

From the OSC report:

The U.S. Office of Special Counsel (OSC) today alerted the President and Congress to substantial waste, mismanagement, and unlawful employment practices at the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Two whistleblowers from ATF’s human resources office disclosed to OSC that ATF unlawfully provided law enforcement pay and benefits to agents and investigators who filled non-law-enforcement positions, such as in human resources. These positions had been intentionally misclassified to be within the law enforcement job series.

And the OSC noted that the ATF admitted the overpayments did occur: “The agency substantiated the allegations, finding long-standing misclassification of upper-level jobs, which resulted in ATF overpaying agents by up to $20 million over a five-year period.”

Moreover, the OSC observed the figure of $20 million in overpayment “could be much higher given that the unlawful job classifications had been common practice at ATF far longer than the five-year time frame reviewed by investigators.”

The ATF is currently facing numerous high profile lawsuits and Congressional hearings over a 2023 rule requiring the owners of AR-pistols with stabilizer braces to register said firearms/braces with the federal government, surrender them to the ATF, or destroy them altogether.

AR-pistols with stabilizer braces are recategorized as short barrel rifles via the ATF rule, in the same way that unfinished pistol frames and gun parts kits were categorized as “firearms” in another rule.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a Ph.D. in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.