This report provides an update on issues affecting federal managers. As always, I encourage you to visit www.fedmanagers.org on a regular basis for more information on these and other matters.

Also, be sure to look for the FMA Grassroots Update, where we offer links to action letters and FMA-PAC matters we do not address in the Washington Report. The grassroots newsletter is sent exclusively to non-governmental email addresses to avoid any Hatch Act violations. If you are not receiving it, contact the national office to provide your non-governmental email address.

Please feel free to provide feedback any time by emailing Greg Stanford at gstanford@fedmanagers.org, or by calling the National Office at (703) 683-8700. Thank you for your membership in FMA. It�s an honor to represent your interests before Congress and the administration.

The House of Representatives approved 10 of the twelve annual appropriations bills as part of two separate “minibus” packages prior to the August recess. Funding bills for Homeland Security and the Legislative Branch were not included in either package. The Senate has not yet considered or approved any appropriations bills for FY 2021, which begins on October 1. 

The Financial Services and General Government appropriations bill, included as part of the second consolidated appropriations bill in the House (H.R. 7617) regrettably stayed silent on a pay adjustment for federal employees in 2021, effectively endorsing the one percent pay raise President Trump recommended for federal employees in 2021. However, given the economic downturn since President Trump’s budget request in February, there is a growing fear a potential pay raise could be reduced or even eliminated.

As discussed last month, the National Defense Authorization Act (NDAA) is indispensable legislation that authorizes funding levels for the Department of Defense (DOD), as well as policies. It is considered “must pass” legislation, and has been adopted every year since 1960. Both the House and the Senate have approved their versions of the Fiscal Year 2021 NDAA (S. 4049 / H.R. 6395). The House passed H.R. 6395 on July 21 by a vote of 295-125, while the Senate approved S. 4049 on July 23 by a veto-proof vote of 86-14. President Trump has expressed concerns with S. 4049 as passed, and has indicated he may veto the bill. However, before the NDAA can be sent to Trump’s desk, the House and Senate must reconcile the differences between their bills and approve a conference report.

A Federal News Network analysis suggested there are “slim pickings on big federal workforce changes” in this year’s NDAA. And while it is true there are few major provisions affecting feds in either S. 4049 or H.R. 6395, FMA is pleased both bills include several wins for federal managers. 

On Tuesday, July 28, Sen. Brian Schatz (D-HI) introduced legislation (S. 4347) that would create a task force of administration leaders, managers, and union officials, with FMA representing workforce managers. The task force would review agencies’ policies related to the Covid-19 pandemic and make recommendations, and FMA is honored to be named to advise the task force, if implemented. 

On behalf of FMA Chapters 19 (Pearl Harbor Naval Shipyard) and 187 (Naval Facilities Engineering Command in Honolulu), as well as all other FMA members, National President Craig Carter swiftly endorsed the bill and applauded Sen. Schatz for his effort.

On July 22, the Senate Homeland Security and Governmental Affairs Committee favorably reported the Periodically Listing Updates to Management (PLUM) Act of 2020 (S. 3896), sponsored by Sen. Tom Carper (D-DE), which would increase transparency of the Executive Branch’s senior leaders. The bill is now cleared for consideration on the full Senate floor.

The bill, endorsed by FMA, would:

• Modernize the current practice of publishing the “Plum Book” every four years

• Enhance transparency into who is setting policy and making key decisions

• Improve the frequency, accuracy and accessibility of data on government leaders

On June 18, Acting OPM Director Michael Rigas issued a memorandum on annual leave, noting that while the agency does not have the authority to change statutory limitations related to it, OPM is working on regulations to streamline leave restoration. 

FMA National President Craig Carter wrote Rigas to urge that the forthcoming regulations cover as many feds as possible and advised the acting director of other concerns related to annual leave and Covid-19. Carter wrote, “Many FMA members have expressed concerns with respect to leave, and concerns about forfeiting annual leave they were unable to use within the calendar year due to the immense challenge of working through the pandemic. An even greater concern is that should the employees we manage not be able to use their earned leave due to the pandemic, they will vie for time off at the end of the year, leaving too few workers to fulfill our crucial missions, or if leave is not granted, morale will surely and understandably plummet.”

On Monday, July 20, President Trump announced plans to nominate John Gibbs, a political appointee at the Department of Housing and Urban Development (HUD), to serve as director of OPM.  Gibbs currently serves as the acting assistant secretary for community planning and development at HUD.   

If confirmed by the U.S. Senate, Gibbs would replace Michael Rigas. Rigas currently serves as acting director of OPM and the acting deputy director for management at the Office of Management and Budget. He has been acting director of OPM since the unexpected resignation of Dale Cabaniss in March 2020, after approximately six months on the job.

July 30, 2020 was designated National Whistleblower Appreciation Day. The U.S. Senate adopted a resolution (S. Res. 634) sponsored by Sen. Chuck Grassley and cosponsored by 18 bipartisan colleagues. The resolution aims to encourage federal agencies to acknowledge employees who call attention to fraud, waste, abuse, and violations of laws and regulations, and to remind employees of their rights as whistleblowers.

In a letter to United States Marshals Service (USMS) Director Donald Washington, FMA's USMS Chapter 373, led by Chapter President Dave Barnes and Vice President for Law Enforcement Operations Jason Wojdylo, continued to recognize the bravery and contributions of whistleblowers. On this National Whistleblower Appreciation Day in 2020, FMA was proud to stand with Chapter 373 in its ongoing effort to make progress and increase awareness of whistleblower rights at USMS and across the federal workforce, and we are grateful for Senator Grassley's leadership in Congress on this issue. Click here to read Chapter 373's letter. 

Join FMA National President Craig Carter, Director of Government & Public Affairs Greg Stanford, and other FMA members in a live video conference discussion on Tuesday, August 18, at 8 PM Eastern. This dynamic virtual town hall will provide an opportunity for you to hear about the issues on which FMA is currently working and will have a significant impact on your jobs and livelihood. You will also have a chance to weigh in and ask questions.

We will discuss Fiscal Year 2021 appropriations, the status of a pay raise in 2021, what’s included in the must-pass National Defense Authorization Act, ongoing relief efforts related to the Covid-19 pandemic, and other matters. We look forward to “seeing” you at the FMA Town Hall Meeting.