Legislative Update (summer 2009)
On June 24th, Matt Biggs (IFPTE Legislative Director) and Lee Stone (President of IFPTE local 30 and of the NASA Council of IFPTE locals), along with a senior legislative representative of the AFL-CIO, met directly with Chairman Mollohan (House Appropriations Subcommittee for Commerce, Justice, and Science or CJS). We spent 45 minutes explaining to him the many problems associated with full-cost recovery of CS salary. In the end, he clearly understood how this policy continues to needlessly harm the Agency and waste taxpayer money. We are optimistic that he will support our efforts to address this concern when the final House and Senate NASA Appropriations are reconciled in conference.
In addition to full-cost recovery, along with some specific funding recommendations, we presented the following list of legislative proposals to Chairperson Mikulski’s CJS Appropriations staff prior to the Senate Full-Committee mark-up in June:
1. Include an administrative provision that accords the new NASA Administrator limited and targeted flexibility to reprogram technical CS salary to the Cross-Agency Support Program in the FY10 Operating Plan;
• The most critical action needed to revitalize NASA’s workforce and in-house R&D efforts is the dismantling of full-cost recovery of CS salary, the Bush-O’Keefe accounting practice aimed at undermining the CS workforce. Reprogramming authority to shift all programmatic personnel funds to the Cross Agency Support account should be provided to implement a fiscally and programmatically neutral accounting change in the FY10 Operating Plan. The direct accounting of labor (i.e., the return to pre-Bush accounting) should then be used during the budget formulation and roll-out of the FY11 budget and beyond.
2. Restore the Exploration Ssystems Mission Directorate funding to a level as close as possible to the President’s proposed level and specifically increase the investment in Advanced Capabilities;
• Regardless of the specific recommendations of the Augustine Committee, a healthy human Exploration Systems program will require FY10 funding at the $4 billion level or higher.
3. Provide NASA with two-year appropriation accounts;
• IFPTE supports the Administration’s call for two-year funding for NASA.
4. Include an administrative provision that mandates term-hire reform;
• NASA should be encouraged to convert, to the maximum appropriate extent, current term positions into permanent positions and to hire ~90% of new civil-servant employees into permanent positions.
5. Extend the current RIF defund provision through the end of FY10.
• IFPTE greatly appreciates Congress’ continued bipartisan opposition to layoffs at NASA.
In response to the above requests, the following was achieved at mark-up:
1. Report language in the Senate Appropriations bill that sets the stage to reverse full-cost recovery in the FY11 budget,
Technical Civil Service Workforce.—The Committee is concerned that NASA’s full cost accounting structure does not provide a transparent view of the funding requirements for the Agency’s civil service workforce because funding for technical civil service personnel is included in the program lines. The Committee therefore directs NASA to include in its fiscal year 2011 budget request justification and accounting of civil service salary and expense requirements contained within each program.
IFPTE will continue to work towards achieving the requested flexibility for the FY10 Operating Plan while also working towads the formal establishment of a CS labor account in the FY11 Appropriations.
2. Restoration of the President’s budget for ESMD for FY10 in the Senate bill,
3. Restoration of two-year appropriation accounts for FY10 in the Senate bill,
4. Senate report language that requires NASA to account retroactively and proactively for its use of term positions,
NASA’s Use of Term Positions.—The Committee directs NASA to provide a report no later than 60 days after enactment of this act providing the total number of term positions (both new hires and renewals) to be funded under this act, as well as a summary of NASA’s use of term positions since 1990.
5. Legislative text in both the House and Senate bills that will extend the RIF defund through the end of FY10.
Notwithstanding any other provision of law, no funds shall be used to implement any Reduction in Force or other involuntary separations (except for cause) by the National Aeronautics and Space Administration prior to September 30, 2010.