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 Enacted||House||Senate||Enacted Level|
|FY 2021 $1,437,038,000||FY 2022 $1,469,784,000 +$32,746,000||FY 2022 $1,472,438,000 +$35,400,000||FY 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.
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
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.
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 = $291,960,000||FY 2021 = $1,437,038,000|
|FY 2020 = $280,186,000||FY 2020 = $1, 414,214,000|
|FY 2019 = $292,659,000||FY 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.
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.
Clint Bain and Neil Burnette
January 14, 2021
The 2021 higher annual leave carryover limit established under section 1111 of the National Defense Authorization Act for Fiscal Year 2021 (H.R. 6395), was enacted on January 1, 2021. Since the enactment, OPM has issued their determination of how this new rule will affect Federal employees.
As you may recall, NASCOE consulted with legal counsel, our legislative consultant and contacted various Executive and Legislative branch officials regarding the legislation and the potential adverse effect it could have on county office employees. We believed then and it is now confirmed that this provision will not negatively impact county office employees. FSA employees who were deemed essential due to an exigency of public business will be able to have all their excess leave restored as previously granted by the FSA administrator.
According to OPM, Section 1111 of the NDAA does not eliminate the annual leave restoration rules in 5 U.S.C. 6304(d), which are applied after annual leave hours in excess of the normally applicable annual leave carryover limit are forfeited. The following table issued by OPM, shows key differences between excess leave under section 1111 and restored leave under 5 U.S.C. 6304(d):
|Section 1111 (NDAA)||Section 6304 (d)|
|Approach to allowing carryover above normal limits||Higher carryover limit prevents forfeiture (conditions for applying higher limit are determined by OPM Director)||Leave in excess of the carryover limit is forfeited and then restored if certain statutory conditions are met|
|Time limits on usage||Must be used during leave year 2021||Varies, but at least 2 years. (See 5 CFR 630.306- 630.310.)|
|Inclusion in lump-sum annual leave payment upon separation||May not be included.||Is included.|
|Limitation on amount||Leave carryover ceiling is 125% of normal ceiling (for most employees, 300 hours instead of 240 hours)||No limitation (but cannot be more than a given employee can accrue in a full leave year)|
In conclusion, county office employees who were previously concerned about having their leave restored or receiving lump sum payments for restored leave at retirement can now be assured that OPM has made a clear interpretation of Section 1111 of the NDAA bill. Restoration of forfeited carryover leave should be processed as scheduled with no adverse effects to county office employees.
Clint Bain and Neil Burnette
December 30, 2020
As part of the National Defense Authorization Act (NDAA), Congress passed legislation that will allow Federal Employees to carryover an additional 25% of their annual leave into year 2021. President Trump recently vetoed the Legislation; however, the House and Senate are expected to override the veto making this year’s NDAA bill public law.
NASCOE is hearing that some State Offices are indicating the NDAA may have an unintended negative effect on employees who have accumulated “restored” annual leave, particularly those who plan to retire in 2021.
NASCOE has consulted legal counsel and contacted various Executive and Legislative branch officials about the legislation’s effect on FSA employees. We believe Congress did not intend that this provision would negatively impact our County Office employees carrying over “restored leave” and should not lead our members toward early retirement. We believe the intent of the Legislative branch is to allow “non-essential” employees, who did not have restored leave, the ability to carryover an additional 25 percent of annual leave for use during 2021.
Even though we believe the language will not affect county office employees with restored leave who were deemed essential, the Office of Personnel Management (OPM) will have the sole responsibility of interpreting the intent of this new law and how it is applied to Federal employees. At this point we do not anticipate any scenario where OPM will nullify any earned leave that was “restored” due to an exigency of public business.
We will update membership with any subsequent Department or OPM guidance.