NASCOE Legislative Committee Update

August 24, 2021
By Clint Bain and Neil Burnette
NASCOE Legislative Co-Chairs

Annually, the NASCOE legislative team engages with Congress regarding what resources FSA needs to fulfill its mission.  Even with COVID-19 restrictions this year was no different.  The NASCOE legislative consultant has been working with members of Congress to advance NASCOE’s priorities by maintaining key relationships on both sides of the isle in both the House and the Senate. 

Recently, the U.S. Senate Committee on Appropriations approved their draft fiscal year 2022 appropriations bill and report.  The House companion has now been approved by the full House of Representatives.  Both the Senate and the House version will be combined to arrive at a version which will serve as a vehicle for FSA’s 2022 salaries and expense funding.

The chart below provides details about FSA salaries and expenses spending levels.

Previously EnactedHouseSenateEnacted Level
FY 2021 $1,437,038,000FY 2022 $1,469,784,000   +$32,746,000FY 2022 $1,472,438,000   +$35,400,000FY 2022 To be determined

In addition, NASCOE secured language related to our legislative priorities. The below items can be found within the draft Committee bills.

  • Prohibiting FSA County Office closures
  • Funding for County Committee meetings
  • Prohibiting permanent relocation of staff without Congressional notification
  • The Committee remains concerned about staffing shortages at FSA offices and continues to direct the Secretary to submit a report to Congress with an administrative breakdown of allotment levels by State, current full-time equivalents, current on-board permanent employees by State, and funded ceiling levels by State.

While it is nice to see appropriations that are considerably higher than the previous year, we are not yet at the end of the road.  The Legislative Team along with NASCOE’s Legislative Consultant will continue to monitor progress of the Senate Bill as it makes its way to the Senate floor for a vote.  If passed, the bills will then go to an appointed conference committee before again coming to a vote in both chambers. A more detailed report regarding the House committee report language and Senate Disaster language can be found on the NASCOE Website.

Download Additional FY2022 Appropriations Language (PDF)

NASCOE Statement on Safety Protocols Implemented by USDA

As most of you are aware, the requirements for attesting to the Federal Employees vaccination status was released this week.  We all knew this determination would be coming at some point soon.  In a prior bulletin, NASCOE committed that it would work to stay abreast of the situation, research the legal side of the issue, and communicate member concerns to management.

The decision to require working conditions be dependent on vaccine status was made at the highest level of the federal government and it affects over 2 million employees.  Notably, no unions or any movement in Congress has provided any avenue to overturn what the President has decided.

NASCOE is an employee association, not a union, representing approximately 7000 county office employees and as such, NASCOE has the ability to bargain and share concerns with FSA.  NASCOE also employs an attorney and a political consultant for the benefit of members.  Recently, NASCOE has used these resources, to address membership concerns about vaccines and testing:

  • NASCOE has collected concerns and questions from members related to COVID-19 protocols being implemented.  
  • NASCOE has delivered membership concerns to FSA management on a daily basis.
  • NASCOE has discussed and reviewed individual member suggestions with management. 
  • NASCOE has consulted the NASCOE attorney on the topics of mask mandates, vaccines in the workplace and testing.  NASCOE cross references with our attorney what we learn from USDA, CDC, EEOC, DOJ and the news media for accuracy.  The attorney is asked to look for areas where legal authorities are abused by the agency.  
  • NASCOE has collaborated with our full time NASCOE political consultant about legislative opportunities that may exist which involve mask mandates, vaccines, and workplace testing.  Currently, our consultant sees no readily available solution from Congress on the topic at hand. 
  • NASCOE has conveyed to management the concern regarding the potential loss of employees due to COVID-19 protocols.  The concern is great enough that NASCOE has asked management if a plan for re-hiring is in place to address continuity issues due to expedited departures.

The bottom line is that the government, like private sector employers, is able to implement safety measures they deem appropriate.  While there are a lot of opinions on what our employer should be doing, the guidance we have received is that our employer has the legal authority to implement these measures and that there are no civil rights violations in the workplace related to COVID-19 safety measures.  It should be noted that local businesses such as hospitals and restaurants and even large companies, such as Fox News and Walmart, are also requiring employees to disclose vaccination status. 

NASCOE understands that membership from all over the nation have different views and there is not a consensus on this issue.  Some members are in favor of vaccines, some are not in favor of vaccines and some members have concerns about medical privacy.  None of these opinions are wrong, and as such, NASCOE has the responsibility to represent all membership and while NASCOE does not have the ability to change COVID-19 protocol, we can make sure that the voice of membership is heard.

We know the situation is very fluid and keeps changing.  Employees won’t be required to take a vaccine, but many questions remain about COVID-19 testing.  NASCOE intends to continue working with our attorney and political consultant to review additional COVID-19 policy as it is issued.  We will work with management at FSA to determine where FSA has discretion in rulemaking and continue to push for control at the local level as much as possible.  NASCOE will do its best to convey to FSA management that guidance needs to be consistent and clearly delivered so that employees can make the choices they feel are best. 

In closing, NASCOE is committed to continuing to voice concerns, frustrations, and suggestions to management.  As NASCOE has said from the outset of the COVID-19 pandemic, NASCOE believes safety decisions are best handled at the local level where local conditions prevail.   

The continued support you show NASCOE through good times and bad times is remarkable.  We also value your continued feedback.  Please work with your NASCOE state affiliate to pass along your suggestions to NASCOE leadership.  We will continue to keep everyone abreast of information as it becomes available. 

For the entire NASCOE Executive Committee and Committee Chairpersons, I’m Brandon Wilson, NASCOE President.  Thank you and good night.

2020-2021 NASCOE Annual Report Released

NASCOE’s By-Laws dictate the Secretary shall keep an accurate record of all transactions of the Association, including minutes of all meetings of the Board of Directors and Executive Committee. The By-Laws also state that the Secretary shall give an annual report to the Association.  NASCOE’s Executive Policies state the Secretary’s Report should contain information pertinent to the NASCOE year, including but not limited to: a list of Officers, Executive Committee, National Chairs, and Board of Directors; material and financial assets of the association; Negotiation Items; budget information; and Executive Committee minutes. Additionally any changes to NASCOE’s Constitution and By-Laws, the NASCOE Travel Policy, the Executive Committee Policies, or other major revisions of policies or procedure should be included. The Executive Policies also state that the Report is to be posted on the NASCOE website.  The 2020-2021 Annual Report has been compiled according to policy and formatted similarly to recent years.

2021 NASCOE Annual Report
9.2 MB PDF, opens in a new window

Emergency Paid Leave Concerns

By Brandon Wilson, NASCOE President
May 26, 2021

Recently you may have heard that the new Emergency Paid Leave (EPL) provisions contained in the American Rescue Plan (ARPA) do not apply to County Office (CO) employees.  NASCOE has been working to address this issue for some time and shares the concern of members regarding this benefit not being equally available to CO employees.

Historically, through the labor management agreement, NASCOE has requested that USDA allow CO employees the opportunity to enjoy benefits like those provided for GS employees by Federal law.  USDA has normally responded to those requests favorably such as they did in the fall of 2020 by allowing CO employees access to the Paid Parental Leave benefit. 

The EPL benefit provides paid leave to covered Federal (GS) employees when they are unable to work due to certain COVID-19 situations.  Although this is a great benefit, it is important to note that when this leave is used, it will be reduced from the total service used to calculate Federal civilian annuity retirement benefits.

While in negotiations with USDA regarding this benefit, it was brought to NASCOE’s attention that USDA’s Office of General Counsel believes they cannot grant EPL benefits to CO employees.  ARPA language defined eligible employees as those individuals “for whom annual and sick leave is provided under subchapter I of chapter 63 of title 5, United States Code.”  The USDA Office of General Counsel says County employees do not meet this definition, as their annual and sick leave is provided under Title 7. 

Moving forward, NASCOE remains in discussions with USDA about rectifying outstanding concerns associated with allowing the leave to be available for CO employees.  In addition, the NASCOE Executive Committee will examine demand for this benefit and consider other proposals for similar CO COVID-19 leave alternatives. 

Rest assured, NASCOE leadership fully understands how important new benefits, as well as all our existing benefits, are to each of you.  NASCOE is committed to tirelessly fighting for them on your behalf no matter how long it takes.  We cannot do it alone and appreciate the support of membership as we work to ensure that you continue to have the same privileges that other GS employees enjoy. 

Legislative Committee Update – March 29, 2021

By Clint Bain and Neil Burnette

We hope this legislative update finds you all well.  With COVID-19 continuing to impact our work environment, we are doing our best to serve NASCOE members and production agriculture.  Recently, the Department of Agriculture announced our offices would be operating under limited capacity.  We continue to urge our leadership to make decisions regarding office status based on data in the local area as opposed to government wide mandates.  It is our belief that the new team leading USDA understands the importance of allowing our county offices to operate and service our customers.

In addition to COVID office concerns, we have heard about various states lowering annual employee ceilings.  Despite FSA receiving a budget increase this year, some state offices have cited “budget cuts” as the reason for lowering the total number of county office employees NASCOE leadership is working to better understand the budget challenges our agency faces for the current fiscal year. FSA employees continually respond to every challenge as they do their part to support American farmers.  Over the past two years, county office employees have worked tirelessly implementing trade adjustment and COVID relief payments.      

The chart below provides details about recent FSA spending levels. These funding levels can be found in the annual Agriculture Appropriations report.  The funding chart appears as the Comparative Statement of Budget Authority (CSBA).   

FPAC Business Center (including transfers)FSA Salaries and Expenses (including transfers)
FY 2021 = $291,960,000FY 2021 = $1,437,038,000
FY 2020 = $280,186,000FY 2020 = $1, 414,214,000
FY 2019 = $292,659,000FY 2019 = $1,375,177,000

NASCOE has been diligent showing members of Congress the need to provide funding increases year after year.  To assist Congress with preparing this year’s budget, NASCOE visited with the House Agriculture Chairman and spoke about staffing concerns before the House Agriculture Sub-Committee on Nutrition and Forestry. 

Please keep us updated should you hear about employee ceilings in your state being lowered based on funding reductions.  NASCOE leadership shares the frustration and concerns of those states that had a reduction in staffing.  We will continue to work with the new administration and use every avenue available to seek resolution to these issues.

American Rescue Plan Act

NASCOE Legislative Co-Chairs
Clint Bain and Neil Burnette
March 10, 2021

The House approved the $1.9 trillion COVID Relief Bill which is now headed to President Biden for signature. The following provisions are a few of the items contained in the bill:

AGRICULTURE The measure would appropriate $4 billion to the Agriculture Department to purchase and distribute food and agricultural commodities, including seafood, and to make grants and loans to small and midsized food processors and distributors.  

The package also would appropriate such sums as may be necessary for loan modifications and payments to farmers and ranchers who are members of groups that have been socially disadvantaged in Agriculture Department programs. The department could pay as much as 120% of each such farmer or rancher’s debt on loans it made or guaranteed.

It would provide $1.01 billion for grants and loans to improve land access for socially disadvantaged farmers, ranchers, and forest landowners, as well as scholarships, outreach, financial training, and other technical assistance. A portion of this funding will support the activities of one or more equity commissions that will address racial equality issues within the Department of Agriculture and its programs.

FEDERAL EMPLOYEE LEAVE – The measure would provide $570 million for an Emergency Federal Employee Leave Fund to be administered by the Office of Personnel Management. The funds could be used to reimburse federal agencies for emergency leave taken by civilian employees and postal workers which include the following purposes: employee is experiencing COVID-19 symptoms and seeking medical diagnosis, obtaining a COVID-19 vaccine, subject to quarantine orders, or looking after children participating in virtual learning classes.

Paid leave could not exceed 600 hours per employee or $2,800 for a biweekly pay period, and it would have to be used by Sept. 30, 2021. Any leave provided to an employee would reduce the total service used to calculate retirement benefits.

TAX PROVISIONS – The bill provides another round of direct payments of as much as $1,400 for an individual, $2,800 for joint filers, and $1,400 for each qualifying dependent. The payments would begin to phase out for individuals with adjusted gross incomes of $75,000 and would be zero for AGIs of $80,000 or more. Those amounts would be doubled for joint filers. Payments would be based on 2019 or 2020 tax returns.

NOT INCLUDED – Senate Democrats did not include the House passed $15 an hour minimum wage provision.