Update on Government Funding

On Friday, January 19, 2024, funding for USDA, FDA, DOE, and NRC is set to expire while funding for the remaining NTEU-represented agencies expires two weeks later on February 2, 2024. Despite the announcement of a top-line funding agreement for FY 2024 that is consistent with the Fiscal Responsibility Act (FRA) passed last year that avoids the deep funding cuts proposed by the House, there is still no agreement on funding levels for the 12 appropriations bills and the agencies and programs funded by them. 

While the leaders announced a top-line deal, some hardline House Republicans have blasted the deal and urged Speaker Mike Johnson (R-LA) to abandon it. Representative Ralph Norman (R-SC) said that he wants to shut down the government unless President Biden closes the border, a position that several other House Republicans are espousing. Representative Jim Jordan (R-OH) said that he wants a year-long CR, which, under the FRA, would lead to big cuts in domestic programs while freezing the Pentagon budget. But republican defense hawks have said that they would oppose a year-long CR since it would freeze defense spending. Following closed-door meetings, several members of Congress reported that the Speaker was open to walking away from the deal, but the Speaker has since said that he made no commitment to do so. 

Although Speaker Mike Johnson (R-LA) announced late last year that he will not pass another short-term spending bill, it is now expected that a short-term Continuing Resolution is necessary to finalize the funding allocations.   

On Tuesday night, the Senate voted on cloture for the legislative vehicle for a CR that would continue the “laddered” CR approach and extend funding until March 1 and March 8. Today, the Senate passed a CR that continues the “laddered” CR approach and extends those funding deadlines until March 1 and March 8. The House is scheduled to vote on the bill later today.

This latest CR will allow negotiations to continue over funding levels for the agencies and programs funded by the 12 appropriations bills now that a top-line funding agreement for FY 2024 has been reached. That agreement is consistent with the Fiscal Responsibility Act passed last year and avoids the deep funding cuts proposed by the House. However, negotiations may remain difficult as some hardline House Republicans have blasted the top-line funding deal and have pushed for greater funding cuts and controversial policy riders.

Today, NTEU Chapter 280 joins the nation in honoring the life, legacy, and service of Dr. Martin Luther King, Jr. to the pursuit justice and equality.

Top Line Funding Agreement for FY 2024 Announced by Congressional Leaders

This week, congressional leaders announced that they reached an agreement on a top line spending amount for FY 2024 that is in line with the funding levels of the Fiscal Responsibility Act agreed to last year. However, additional work is needed to finalize the agreement on the specifics for each agency and programs and the Continuing Resolution (CR) to fund agencies at current FY 2023 levels expires next Friday, January 19, 2024, for USDA, FDA, DOE, and NRC. The CR for the remaining NTEU-represented agencies expires on February 2, 2024. While we are glad that an agreement was reached that avoided the drastic spending cuts proposed in the various House appropriations bills, we still need Congress to act quickly to avoid a shutdown. NTEU National President Doreen Greenwald sent a letter to congressional leaders yesterday urging quick action to pass a full-year funding agreement that adequately funds agencies so that they can continue to deliver critical services to the American people.

OPM’s Annual Report to Congress on the Status of Telework in Federal Government for Fiscal Year 2022

Recently, OPM published its Annual Report to Congress on the Status of Telework in the Federal Government for fiscal year 2022. The timeframe for the report coincides with the beginning and implementation of re-entry plan after the end of the Pandemic but precedes the OMB Memo M-23-15, that called to increase “meaningful in-person work” at EPA and other agencies. The report found that telework continues to provide flexibilities for better employee engagement and retention in addition to saving federal agencies on costs, including real estate and energy. OPM Director Kiran Ahuja acknowledged that the snapshot of telework as represented by the data in the report may not be current, given that COVID-19 is no longer is the driver for telework as well as the shift in the last year toward more in-person work. Director Ahuja said, “To support this work, OPM has been engaging with agencies to improve the quality of government-wide and agency-specific telework data. OPM anticipates that future reports will reflect these improvements.”

During fiscal year 2022, Federal agencies reported that 46% of all federal workers participated in some form of telework. The report noted that the number of employees eligible to telework in fiscal year 2022 rose to 52%, up from 50% last year. However, the report also found that 87% of telework-eligible employees did telework in fiscal year 2022, which was down from 94% last year. Based on data from OPM’s 2022 Federal Employee Viewpoints Survey, it was determined that telework enhanced an employees’ engagement and was positively correlated with an increased desire to remain at the agency, instead of seeking outside employment or retirement. In the report, employees teleworking at least three days per pay period scored a 77.1 out of 100 on the survey’s Employee Engagement Index. Employees who did not telework that frequently scored only a 58.5 (with the exception of those who reported to prefer in-person work and choose not to telework [73.2]).

EPA Alumni Association 2024 Academy Sessions

Come join the EPA Alumni Association’s Academy for several fun and energizing discussions this year.

 

On Tuesday, January 16th from 3-4 pm Eastern join for a discussion on ending combustion in transportation.

 

Transportation is the largest source of both greenhouse gas emissions and emissions that cause smog and soot pollution. One proposed solution is to electrify our cars and trucks. At the next Academy session, the discussion will dive into the recent efforts to electrify our transportation system, the cutting-edge work happening in California, and the barriers that still need to be addressed. Panelists for the discussion include Paul Cort of Earthjustice (a fellow EPA Alum) and Sydney Vergis of the California Air Resources Board (CARB) and they will also discuss the partnerships that are helping craft this approach!

 

PLEASE REGISTER

 

On Wednesday, January 31st at 4 pm Eastern join Dr. Dave Mooney for addressing climate change with advances in renewable resources.

 

Dr. Dave Mooney of DOE’s National Renewable Energy Laboratory (NREL) will for the second Academy session of 2024. NREL’s 3000+ professionals are engaged in cutting edge research in such areas as biofuels, photovoltaics, and wind energy. Dr. Mooney will fill us in on how they prioritize their research and their current hot issues.

 

PLEASE REGISTER

 

On Thursday, February 29th at 4 pm Eastern, join the Academy for a panel discussion on EPA alumni partnering with citizen leaders to protect their communities.

 

The Environmental Protection Network has been connecting EPA Alumni with disadvantaged communities who have requested assistance. The panel will include the EPA Alumni and a member of the community who are working together on the two projects. The projects include the Tar Creek Superfund site and a rural water project in Washington State.

PLEASE REGISTER

NPS Announces 2024 Free Entrance Days

It’s never too early to plan a trip to a national park. 

To help you get started, the National Park Service announced six days next year when entrance fees will be waived at all national parks:

Entrance fee waivers on fee-free days do not cover amenity or user fees for activities such as camping, boat launches, transportation, or special tours. 

NPS employees welcomed nearly 312 million visitors to 400 parks nationwide last year. NTEU is proud to represent dedicated NPS employees who take care of treasured sites around the country.

Learn more and plan your visit here.

2024 Pay Tables Released: Federal Pay Raise Highest in 43 Years

It’s official. Federal employees will receive an average 5.2 percent pay increase next year, the highest raise since Jimmy Carter was president 43 years ago.

President Biden issued an executive order today implementing an average 4.7 percent across-the-board raise and an average 0.5 percent increase in locality pay.

You can find the Office of Personnel Management’s new pay tables incorporating the pay raise at every level of the General Schedule and for each locality pay area. The pay raise goes into effect the first full pay period of the new year. As 2023 has an extra (27th) pay period that runs into the 2024 calendar year, these increases will be reflected on the paycheck for the pay period beginning on January 14th, which will be paid out in early February for those on a biweekly pay schedule.

NTEU thanks President Biden for supporting the federal workforce with this well-deserved pay raise.

Our fight has already begun for a fair 2025 pay raise to help address rising costs and the growing gap in federal salaries as compared to the private sector, which a recent report by the Federal Salary Council showed private sector salaries were outpacing federal salaries by 27.54%.

Click on the image below for the final DC area pay increase for 2024.

Mileage Reimbursement Rate Increases for 2024

The Internal Revenue Service has increased the reimbursement rate for 2024 to 67 cents, up 1.5 cents from 2023, when using a personal vehicle for business purposes. The General Services Administration, which sets the rate for the federal workforce, tracks the IRS rate for private sector employees.

The new rate applies to gas, diesel, electric and hybrid vehicles.

Each year, NTEU monitors reimbursement rates on behalf of the tens of thousands of federal employees who use their private vehicles in their work and advocates for increases when warranted.

Flexible Spending Account Limits Will Increase in 2024

The Internal Revenue Service announced that the Health Care Flexible Spending Account (FSA) contribution limit will increase from $3,050 to $3,200 in 2024.

 

This program allows federal employees to set aside an annual pre-tax amount they anticipate spending for out-of-pocket health, dental and vision expenses. FSAs can be used to purchase a wide range of items—including masks, hand sanitizing wipes and cold season essentials like pain relievers, cold and flu medicine and cough drops. For a list of eligible items, visit https://www.fsafeds.com/support/eligibleexpenses.

 

Federal Benefits Open Season is the one time of year employees can opt in to make pre-tax contributions to their health care and dependent care FSAs.

 

NTEU members can learn more about FSAs and get expert help choosing a health care plan by visiting Consumers’ Checkbook Online Guide. Members get free access to this valuable tool throughout the open season, which runs through December 11.

FEEA is Now Accepting 2024 Scholarship Applications

Federal employees and their family members can now apply for a scholarship from the Federal Employee Education and Assistance Fund (FEEA).

 

Now through March 14, current civilian federal and postal employees with at least three years of service can apply for scholarship awards ranging from $1,000 to $5,000. Spouses and children of federal employees may also apply.

 

Since 1986, FEEA has given over 11,000 merit-based scholarships to federal employees, their spouses, children, and grandchildren.

 

NTEU is a founding member of FEEA and is proud to support this charity dedicated solely to serving federal workers and their families.

 

Get scholarship instructions and apply today.

Update on Government Funding for Fiscal Year 2024

The federal government will not shutdown this weekend after the Senate and House approved legislation that extends current levels of agency funding for at least nine more weeks.

 

President Biden is expected to sign the new continuing resolution into law before funding expires Friday night.

 

After the House passed the bill with strong bipartisan support Tuesday evening, the Senate followed quickly on Wednesday, assuring federal employees that agencies will remain open throughout the holiday season and into early 2024. However, the temporary funding bill splits federal agencies into two groups with two different expiration dates, which is unusual and means federal employees will face more funding deadlines in January and February.

 

The “laddered” CR keeps funding at current levels until January 19, 2024, for agencies and programs funded by the Agriculture, Energy and Water, Military Construction-VA, and Transportation-HUD appropriations bills. The NTEU-represented agencies facing the January 19deadline are USDA, FDA, DOE, and NRC.  Agencies and programs funded by the remaining bills—Defense, Homeland Security, State and Foreign Affairs, Legislative Branch, Financial Services and General Government, Interior, Labor-HHS, and Commerce, Justice, Science—would see their funding extended at current levels until February 2, 2024. 

 

Although we are pleased that a shutdown was averted once again, there is concern that the “laddered” CR approach will increase the chances for at least a partial shutdown to occur next year. Speaker Mike Johnson (R-LA) said yesterday that he will not pass another short-term spending bill and House Republicans continue to push for significant cuts to agency funding levels and controversial policy riders, increasing the likelihood of at least a partial shutdown when we reach these next deadlines.

NTEU will continue to advocate against a shutdown and press for adequate funding for our agencies in a final funding agreement. 

Online Guide to Health Plans for Federal Employees and Annuitants for NTEU Members

This is a reminder that NTEU members have access to the Consumers’ Checkbook’s online Guide to Health Plans for Federal Employees and Annuitants by visiting www.nteu.org during FEHB open season (November 13 – December 11, 2023). You can find the link in two places on the website—under the “Benefits” tab in either the “Shopping and Other Discounts” section or the “Insurance” section. The links are imbedded within the language that will show as blue writing in the paragraph under Consumers’ Checkbook. All NTEU members who currently or are planning to participate in Federal Employees Health Benefit (FEHB) plans or the Federal Employees Dental and Vision Insurance Program (FEDVIP) will find this online tool useful when making decisions regarding maintaining or changing health and dental insurance plans.

This online guide is an innovative way to obtain reliable, useful information about the many health plans available under the FEHB and make fast, easy, personalized plan comparisons. The guide compares and ranks plans based on total costs including account premiums and estimated out-of-pocket costs (e.g., deductibles, co-payments, and prescription drugs); and on the yearly maximum that an enrollee could possibly have to payout-of-pocket. The guide will also offer comparisons of the FEDVIP dental and vision plans available to federal employees. The site has been praised for its ease of use. Members will be able to compare plan costs, review quality ratings, consider plan features, and gauge plan flexibility on issues like choice of doctors and other factors.

NTEU recognizes the achievements and contributions of Native Americans.

NTEU Leads Coalition To Guard Against Future Schedule F

A diverse coalition of labor unions, anticipating future threats to politicize the federal workforce, has joined NTEU in urging the Office of Personnel Management to adopt new regulations that safeguard the merit-based civil service and the Constitutional rights of frontline federal employees.  

In comments filed with OPM today, the 14 unions asked the Biden administration to make final its proposal to protect due process for federal employees. NTEU petitioned for the new rules in December 2022 after the previous administration tried to move large numbers of nonpartisan frontline employees out of the competitive service and into an excepted service category, and eventually replace them with political loyalists. OPM released its proposed rule, based largely on NTEU’s petition, in September.  

“As NTEU explained in its petition, employees in the competitive service acquire certain statutory rights that cannot be taken away by simply moving the employee’s position into the excepted service. That is because competitive service rights are grounded not only in civil service laws, but in the Constitution as well,” according to the comments filed with OPM.  

The labor unions also support OPM’s proposal that certain procedural steps must be followed before any federal positions are converted into essentially at-will jobs. These important steps include reviews by the top agency’s officials and an opportunity for affected employees to respond.    

“Today’s comments are a strong show of solidarity among public sector workers from all walks of life and a clear sign that where there is a threat to the civil service in any workplace, workers and their unions will stand together to fight back,” said NTEU National President Doreen Greenwald. “We are grateful that so many respected labor unions have joined the cause to keep our federal agencies staffed with qualified professionals who are dedicated to serving the American people.”  

“Schedule F, or anything like it, would be a direct threat to democracy by resurrecting the corrupt spoils system of the 19th century and converting the merit-based system into one of political patronage,” Greenwald said. “The American people deserve to have federal agencies staffed with people who got the job based on merit, swear an oath to the Constitution and carry out their duties no matter which political party holds the White House.”  

OPM is accepting comments on the proposed rule until Nov. 17.  

NTEU represents employees in 35 federal agencies and offices. 

Senate Legislation Would Codify Remote Work

Last week, bipartisan legislation was introduced by Senators James Lankford (R-OK) and Krysten Sinema (I-AZ) that seeks to codify the right of federal employees use of remote work into law. This legislation is counter to proposed legislation like the SHOW UP Act in the House. The Telework Reform Act (S. 3015), also codifies the Office of Personnel Management’s definitions on remote and telework. The bill formalizes the requirement that teleworkers commute to their traditional worksite at least twice per pay period in addition to new reporting requirements for agencies.

The bill would require employees take annual training and that employees annually recertify their telework and remote work agreements with the agency based on performance and agency needs. Parts of the legislation are also dedicated to improving reporting from agencies on workplace health in conjunction with the use of workplace flexibilities such as telework and remote work.

Congress Averts Shutdown, Passes 47-day Continuing Resolution

Congress acted with hours to spare to clear a 47-day continuing resolution (CR) that funds the federal government through November 17th. The president signed the CR late Saturday night.

NTEU members united to avert a government shutdown by sending emails and making phone calls to members of Congress. NTEU is pleased that Congress heeded our calls to take action before a shutdown. Federal employees deserve better than the chaos leading up to funding deadlines, the threat of government shutdowns and the financial harm they cause.

However, NTEU is under no illusions that the spending battles are over. This is a stop-gap measure and Congress still must pass appropriations bills to fully fund federal agencies for the remainder of the fiscal year. Although a shutdown was avoided this week, NTEU members must remain engaged in this fight to ensure that agencies are appropriately funded before November 17th to avoid the threat of another shutdown.

Agency Updates Shutdown Contingency Plan for 2023

The EPA just updated the Contingency Plan for a Government Shutdown which provides additional guidance to employees on any potential lapses in funding. EPA will operate on carryover funds through October 7th. If a lapse occurs past this date, most EPA employees will temporarily be furloughed, and you will be notified by the agency. Some employees who work on excepted and exempted activities, including implementation of the Bipartisan Infrastructure Law and the Inflation Reduction Act may be required to continue to work. Similarly, employees that work on “permanent indefinite” appropriations may be required to work, if practicable. Employees working on these funds may continue to work as the funds are not subject to the annual appropriations, but rather are collected and spent as “maintenance” fees, such as those paid by pesticide registrants. Employees that are required to work throughout a shutdown will be notified by their senior leadership of their work status. Based on the agency’s contingency plan, roughly 12% of staff may continue to work. For more information, click on the agency’s plan below.

Potential Government Shutdown

Once again, a government shutdown is looming. We understand this is a stressful time for all of our members. Shutdowns have serious consequences for federal employees and their families.

 

The House and the Senate have yet to agree on a path forward that would fund the government beyond Saturday (September 30th). The Senate is considering a continuing resolution (CR) to fund the government through November 17th, but House Speaker McCarthy has not agreed to move it in the House.

 

The House is working through a few individual appropriations bills that contain deep cuts and would not be considered in the Senate. McCarthy indicated that he may introduce a different CR containing controversial provisions that would not pass the Senate.

 

In short, three days before the government experiences a lapse in appropriations Congress remains unable to find agreement that would keep the government open and functioning.

 

For the latest information on budget issues, including the status of a Continuing Resolution (CR) please check the NTEU national website at www.nteu.org. The agency will provide updates about any lapses in funding at https://www.epa.gov/lapse and has already announced that the agency has sufficient carryover funds to remain open through October 7th.

2024 FEHBP Rates Announced

Open season for federal employees to re-enroll or change their health insurance for next year starts November 13 and goes through December 11. Federal employees and retirees can expect to pay 7.7 percent more for health insurance next year.  Because the increase is an average, exact increases will depend on the type of plan enrollees choose. According to OPM, this is comparable with the increases in plans at other large employers for 2024 and is mainly driven by the rising cost and utilization of prescription drugs, emergency care, and outpatient care. In addition, there are enhanced benefit offerings for FEHBP enrollees in the areas of fertility, coordination with Medicare, pharmacy benefit design, gender affirming care, maternal health, obesity prevention and treatment, mental health and substance abuse, telehealth and antibiotic stewardship.

Please note that next year, Humana will no longer be participating in FEHB. If someone is currently enrolled in a Humana program, they must select a new plan during open season. If they do not select a new plan, they will be automatically enrolled in the lowest-cost nationwide plan for 2024.

With 159 plan options, enrollees in every area of the country have multiple choices with varying coverage options and pricing levels, which is why federal employees are encouraged to use the upcoming open season as an opportunity to comparison shop. OPM offers comparison charts at www.opm.gov that can help employees choose a plan.  In addition, during the open season, NTEU members will again have access to Consumers’ Checkbook’s Online Guide to Health Plans for Federal Employees and Annuitants.

OPM also announced this week that average premium increases for dental and vision plans will be 1.4 percent and 1.1 percent, respectively. Eligible federal employees who want to set aside pre-tax dollars in flexible spending accounts (FSAs) for their dependent care and health care costs must enroll in FSAFEDS. Enrollees may carry over up to $610 of unused funds remaining in their health care flexible spending accounts and limited expense FSAs at the end of 2023 into 2024, if they re-enroll.

Civil Service Reform Act Anniversary

This year marks the 45th anniversary of the Civil Service Reform Act (CSRA). On October 13, 1978, the CSRA changed government employment in creating three new agencies: the Office of Personnel Management (OPM), Merit Systems Protection Board (MSPB), and the Federal Labor Relations Authority (FLRA). The legislation empowered government unions to not only organize and bargain, but also have fora where employer violations can be resolved. Previously, the right to organize in the federal government was granted in 1912 and enhanced by executive orders issued by Presidents Kennedy and Nixon.

While the statute (5 U.S.C. 701, et seq.) created new agencies and new functions, the most significant act created by the statute for unions was the ULP or Unfair Labor Practice. ULPs suddenly protected employees from retaliation, protected unions from management refusing to collectively bargain, and provided an administrative process to litigate violations at a fraction of the cost of a private attorney.

Another important concept in the CSRA is the idea of “industrial democracy”. This means that employees should have a say in workplace changes. NTEU is in regular communication with management to ensure the employee’s voice is heard. Currently EPA is reorganizing several offices and as part of these reorganizations, NTEU provides meaningful input into these actions 

Finally, there is the idea of management conducting an investigatory interview with an employee. While we call these “Weingarten Rights” they are codified in the CSRA and provide an employee with the right to call off a meeting until the union can be present when management is probing your conduct or searching for information. NTEU National offers information on what defines an “investigatory interview” on its website and through other resources available to members.