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FMA Washington Report: August 9, 2024
Roundup of Federal Workforce Bills Recently Introduced

A number of bills that would impact federal managers were introduced or proposed since the last Washington Report. Below is a short round-up and description of the bills:

Federal Employee Return to Work Act (S. 4834)

Introduced by Sen. Bill Cassidy (R-LA) on July 30, the Federal Employee Return to Work Act would exclude certain federal employees who telework at least one day a week from receiving raises and special locality bonuses for their office location being in a high-cost-of-living area despite working from home.

“Federal employees get paid extra to work in higher-cost cities,” Cassidy wrote in a statement upon introduction. “But what if they don’t show up to work? Why should they get paid? If you don’t show up for work, you don’t get paid at the same rate just for teleworking.”

S. 4834 was referred to the Senate Committee on Homeland Security and Governmental Affairs and has no cosponsors.

Federal Employee Locality Accountability in Retirement Act (S. 4833)

The Federal Employee Locality Accountability in Retirement Act, also introduced by Sen. Cassidy on July 30, would exclude locality bonuses when calculating retirement payments for federal employees enrolled in the Federal Employees Retirement System (FERS).

S. 4833 was referred to the Senate Committee on Homeland Security and Governmental Affairs and has no cosponsors.

Dismantling Outdated Obstacles and Barriers to Individual Employment (DOOBIE) Act (S. 4711)

On July 17, Sen. Gary Peters (D-MI), Chairman of the Senate Homeland Security and Governmental Affairs Committee, introduced the DOOBIE Act, which would prohibit federal agencies from using past marijuana use as the sole factor in determining employment suitability, qualification standards, or eligibility for security clearances and federal credentials. The bill would codify guidance issued in 2021 by the Office of Personnel Management regarding a federal job applicant’s previous history with marijuana use.

“As we work to build a highly skilled federal workforce, it’s crucial that the federal government modernizes its hiring practices to reflect evolving laws and societal norms,” said Sen. Peters. “My bill will take the commonsense step to align federal statutes with existing agency guidance and ensure that talented individuals are not automatically disqualified from service solely due to past marijuana use. By providing this much-needed clarity for agencies and applicants, we will ensure that the federal government can recruit and retain the best and brightest to serve our nation.”

S. 4711 was referred to the Senate Committee on Homeland Security and Governmental Affairs and has no cosponsors. It is a companion to the bipartisan Cannabis Users Restoration of Eligibility (CURE) Act (H.R. 5040) in the House of Representatives.

No Union Time on the Taxpayers’ Dime Act (S. 4868)

The No Union Time on the Taxpayers’ Dime Act, introduced by Sen. Mike Lee (R-UT) on July 30, would eliminate the use of official time by federal employees. It would require that “any activities performed by an employee relating to the business of a labor organization shall be performed during the time the employee is in a non-duty status.”

“Taxpayers should not be burdened with the cost of federal employees engaging in union activities,” Sen. Lee said in a statement. “Federal salaries are funded by the taxpayers, who rightfully expect federal employees to work on their assigned duties while on the clock. The No Union Time on the Taxpayer’s Dime Act ensures that union-related activities are conducted on personal time and at personal expense.”

Since the 1978 Civil Service Reform Act, lawmakers allowed for “official time,” whereby union officials at federal agencies are paid their regular government salary while working on representational matters instead of the normal duties as a federal employee. Union members may not use official time to recruit members, attend internal union meetings, elect officers, or collect dues. The time may be used to meet with managers to resolve disputes, identify health and safety hazards in the workplace, negotiate contracts, and represent coworkers in grievances and disciplinary actions.

S. 4868 was referred to the Senate Committee on Homeland Security and Governmental Affairs and has no cosponsors.

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